Select Board Meeting ~ March 7, 2017

2017-03-07 · Select Board · 48:14 · watch on YouTube →

A Select Board meeting on 7 March 2017 with four selectmen present, held a few weeks before the 31 March election and the 1 April town meeting. It opened with a long public comment from the owner of 257 Pinkham Brook Road, whose lot was created in 1973 six months after Durham enacted townwide zoning, and who was refused a variance and is now looking for a way to clear the title problem before he sells. The board approved the consent agenda and accepted a professional services contract with the Greater Portland Council of Governments for facilitation and writing of the comprehensive plan, contingent on town meeting approving the money. Much of the meeting was taken up with two staffing gaps: the town has no code enforcement officer, with the road commissioner filling in, and the animal control officer resigned by telephone that day. The board directed that the animal control post be advertised at once and approved the Fire and Rescue Explorers asking RSU 5 for permission to run concessions at the school. The recording ends during the upcoming-meetings item, before the executive session and adjournment the written minutes record.

What was discussed

1. 0:04
   Call to order and agenda amendment

   The meeting was called back to order with four of four selectmen present, followed by the Pledge of Allegiance. The only amendment was to add an executive session at the very end of the agenda.

2. 0:04
   Public comment: 257 Pinkham Brook Road

   Jean Valachi (?) told the board he had come a few weeks earlier for a no action letter on a property he bought at 257 Pinkham Brook Road, but that not all banks accept them. He went to the Board of Appeals for a variance, met nine of the twelve requirements and failed three, so the variance was not granted.

3. 0:04
   Why the property does not conform

   The house was built in 1972 and the town's standards came out around 1973, with the recorded deed configuration dating from a few months after the new requirements. The board explained the lot is not grandfathered because the changes were made after the ordinance took effect, and were therefore made illegally at the time.

4. 0:04
   A consent agreement as the proposed route

   The owner said a person named Gary had suggested his attorney and the town attorney put together a consent agreement recording that the town does not intend to take action. He asked whether it was a title issue; the board said it probably is not, because it goes to the use of the property rather than to ownership.

5. 0:04
   Scale of the problem

   The lot is around three quarters of an acre. What began as a ten-foot setback issue had become three separate issues by the time the Board of Appeals was finished, and the owner said he had spent about $80,000 renovating the house.

6. 5:24
   The zoning history of the lot

   Calvin Beaumier said the lot was created in 1973, six months after zoning was enacted in 1972, and that the zoning was townwide with no districts or boundaries: 40,000 square feet with 200 feet of frontage and a 20-foot setback. The property met none of the lot size, setback or frontage requirements, and the requirement is now 90,000 square feet.

7. 5:24
   Why a title search did not catch it

   The owner said that when he bought the property he researched the town records, which still designate one acre there, so nothing was flagged. He said he did a title search and did what a buyer is supposed to do.

8. 5:24
   Limits of the variance process

   The board said the variance process was meant to mitigate situations like this, but the ordinances as written leave the appeals board very little room for interpretation, and appeals boards have recently been trained to read ordinances strictly. Members preferred to wait for Gary's written recommendation before acting.

9. 5:24
   The suggested lawsuit-and-consent mechanism

   The mechanism described was that the town file a lawsuit, the owner's attorney answer and consent, and the town then accept the consent, producing a legal settlement that fixes the lot's status once the 30-day appeal period passes. The owner's own counsel had quoted around $2,000; Gary had suggested it can sometimes be done for the court costs.

10. 5:24
    Board reaction to the mechanism

    A member said that to him it is a circumvention of the process and that having to sue a resident to give him a letter back is "politics at its best," but that if it is the only way that works, that is what the board would do. Another (?) noted the town issues no action letters routinely and it is the banks that have become stricter.

11. 10:31
    Next steps on the Pinkham Brook matter

    The owner said Gary did not expect to have his recommendation ready by that Tuesday, and agreed to come back in a couple of weeks. He left his email address, and the board confirmed it had voted on the no action letter and that minutes of that vote exist for his attorney.

12. 10:31
    Consent agenda

    The consent agenda included a BYOB permit for an event at the Eureka Center on 25 March. Copies had not been made for members because they rarely look at them.

13. 10:31
    Comprehensive plan: the GPCOG contract

    Sarah Hall presented the proposed contract from the Greater Portland Council of Governments for facilitation and writing of a significant portion of the comprehensive plan over two years, with $7,700 mentioned as the budgeted piece. The committee consulted Bowdoinham's planner and concluded the town lacks the in-house skill set, particularly since the code enforcement officer resigned, and its only edit was to move the start date from 24 January 2017 to 4 April 2017.

14. 15:36
    Making the contract contingent on town meeting

    Members were reluctant to commit to the $15,000 contract before town meeting approves the funds, so the motion was framed as contingent, with the contract not signed until after town meeting. The goal is a plan approved at the 2019 town meeting, with the GPCOG representative attending the committee's April meeting to build a timeline.

15. 15:36
    Whether the town attorney should review the contract

    A member asked whether the contract had been or should be reviewed by the town attorney, noting that big contracts have been sent to Jack in the past. Others said it is straightforward and that GPCOG does this with towns all the time; the question was left without a stated resolution.

16. 15:36
    Deliverables and timing in the contract

    A member noted the contract identifies deliverables, which is often missing, but is open-ended on when they will be provided; there is a two-year cap running to 3 April 2019 and a termination clause. The board discussed sending sections to the state reviewer for feedback as the work goes, to avoid what happened last time, when the state came back with sections needing work after town meeting approval and the plan died.

17. 15:36
    Code enforcement officer vacancy

    The board took up the open code enforcement officer position, with the road commissioner filling in where he can and members agreeing the present arrangement is not sustainable. The Bowdoin code officer is interested in filling in; he is not MUBEC certified but can issue subsurface wastewater, septic and plumbing permits and inspect leach fields.

18. 20:59
    Interim versus permanent, and the Pownal agreement

    Calvin Beaumier said he would like to throw his hat in the ring and thought the town could save money paying one set of benefits, and members did not want to hire someone and then have to let them go. The shared road commissioner arrangement with Pownal has not been terminated and will not end until the end of June, so there are several months to work it out.

19. 20:59
    MUBEC certification concerns

    A member said pains had been taken to get contractors who were not building to MUBEC to do so, and did not want that to slip even briefly. Calvin Beaumier said someone not certified could still legally enforce it and would have a year to get certified.

20. 20:59
    The Lisbon option and one point of contact

    Dennis Douglas (?), the Lisbon code officer already shared with Sabattus, was also approached; Lisbon's town manager proposed Durham residents fill out applications at Lisbon's town hall while he worked for Durham at an hourly rate. The board pushed back firmly, saying residents must be able to come to Durham for permits and there has to be a single point of contact.

21. 26:16
    How permit applications would be handled

    Members discussed handing out applications at the Durham office and taking them over periodically. Several noted the town's one-size-fits-all application runs to nine pages and that people benefit from being walked through it, which is why an evening session in Durham was proposed; the Bowdoin officer already holds one evening in his own town but does not work Fridays, when Durham is open.

22. 26:16
    Interim arrangement and compensation

    The board asked to continue as things are for two weeks while Calvin Beaumier finds out what the Bowdoin officer can do, what hours he could offer and what compensation he is looking for. Members noted the workload will grow as the building season and public works scheduling pick up in the spring.

23. 26:16
    Animal control officer resignation

    The animal control officer telephoned that day to tender his resignation; he had not put it in writing and members doubted he would. John Rankins (?) of Pownal will cover for Durham in the meantime and may or may not apply for the job.

24. 26:16
    Fire and Rescue Explorers concessions

    Fire Chief William St. Michel asked the board to allow the Explorers to run the concessions at the school again, as they have for some years. Board approval is the first step; he then has to go before RSU 5 for its permission.

25. 26:16
    Hazard mitigation meeting

    The fire chief said the hazard mitigation item was on his written report and the meeting is that Thursday evening. Calvin Beaumier is getting some material reviewed and an updated list to him.

26. 31:37
    Engine 22 on town meeting day

    The fire chief asked to park Engine 22 outside on town meeting day so residents can see what they are voting on. The board saw no reason not to, with the weather the only concern.

27. 31:37
    Road commissioner's report: paving and surface treatments

    Potholes have been patched and the frost is moving things around. Calvin Beaumier is going out with Sean Bennett of All States to look at chip seal and cold mix jobs that have been down a few years to compare against hot mix asphalt, and is putting together bid specs and an RFP covering paving, chip seal, cold mix, hot mix, parking lots and roads.

28. 31:37
    Re-bidding the Crooker agreement

    The Crooker arrangement was last extended when it was already a couple of years old, and at four or five years the road commissioner thought it was due to go back out to bid. Crooker had offered the same price again with an escalator tied to the liquid asphalt price.

29. 31:37
    County hazard mitigation plan and other work

    The five-year hazard mitigation plan for Androscoggin County was last done in 2011 and contains items that appear to have been rubber-stamped forward without reflecting improvements made in the last ten years. Calvin Beaumier also reported setting Durham and Pownal up on GPCOG's new online cooperative purchasing database, arranging with Freeport and Brunswick to dump roadside brush at their recycling facilities instead of renting a chipper, waiting on grant decisions due in March, and continued work on the 2017 budget.

30. 36:40
    Five-day public works course

    Calvin Beaumier had registered for a five-day public works course, held two days on 11 and 12 April and three days on 15, 16 and 17 May, and asked whether Ron should attend as well. The first two days cover leadership, communication, correcting problem behaviour and managing performance; the later three cover construction, reporting laws, legal issues, required training, safety, maintenance records and facility inspections.

31. 36:40
    Switching to a four-day schedule

    The board discussed when public works moves to four ten-hour days, agreeing it would have to wait until April rather than the clock change. They looked at arranging the switch so the crew gets a longer weekend, and at trading a day off against bulky waste day on 20 May, the third Saturday.

32. 36:40
    Memorial Day parade time

    Calvin Beaumier said he would like to offer the crew alternative time off for the four hours of the Memorial Day parade, since it takes them away from their own plans while being good public relations for the town. Ruth Glaeser noted the office staff also ride in the parade and would have to be treated the same way.

33. 41:49
    Paying rather than granting time off

    Members concluded it was simpler to pay the four hours than to give a half day off from a crew that small, as Lisbon does for its festival. Participation would not be mandatory, and it was noted that paying people is also better if someone is hurt, since a volunteer's status under OSHA would be open to question.

34. 41:49
    Administrator's report

    Ruth Glaeser reported that requests for information for the 2020 census have already arrived, and that the town book mockup has gone to the printers.

35. 41:49
    Public information session on 16 March

    The Eureka Center is reserved for 7 p.m. on Thursday 16 March. The board agreed to widen it from a fire department session to a town meeting information night covering solid waste, roads and anything else residents ask about, while not turning it into a town meeting.

36. 41:49
    Publicising the session

    Members discussed an advertisement in the Sun Journal, given that the Forecaster does not reach Durham well and there is no Tri-Town paper, along with the town channel, the website, the place where the warrant is hung and the portable sign board. Shannon wants the sign board back for the election, so it would only be used until the 16th.

37. 46:52
    Upcoming meetings and election dates

    The next selectmen's meetings were given as Tuesday 21 March and Tuesday 4 April at 6:30 p.m. The RSU 5 presentation of the superintendent's recommended 2017-2018 budget was the following evening, believed to be at Freeport High School.

38. 46:52
    Election and town meeting arrangements

    Absentee ballots are available at the town office for the 31 March 2017 election, with voting from 8 a.m. to 8 p.m. Town meeting follows on 1 April at 9 a.m. at the Durham Community School, which has been reserved. The recording ends here.

What was decided

• 0:04
  Amend the agenda to add an executive session at the end of the meeting. The chair stated the addition and no objection was raised; no vote is audible in the recording.passed
• 10:31
  Table the 257 Pinkham Brook Road matter until Gary produces his written recommendation, with the owner to return in a couple of weeks. No action was taken on the property at this meeting.tabled
• 10:31
  Approve the consent agenda as presented, including the BYOB permit for the 25 March event at the Eureka Center. The minutes record the motion by Sarah Hall, seconded by Mark Blake, carried 4-0.passed
• 15:36
  Accept the professional service contract between the Greater Portland Council of Governments and the Town of Durham, contingent on approval of the necessary funds at town meeting, with the contract not signed until after town meeting. The minutes record the motion by Sarah Hall, seconded by Mark Blake, carried 4-0.passed
• 15:36
  Whether to have the town attorney review the GPCOG contract before signing. Raised by a member, discussed, and left without any stated resolution before the board moved on to the motion.outcome unclear
• 26:16
  Continue the present code enforcement arrangement for two weeks while Calvin Beaumier finds out what the Bowdoin code officer is able to do, what hours he could cover and what compensation he wants. Agreed in discussion; no formal vote was taken.passed
• 26:16
  Have AA/TA Ruth Glaeser post the animal control officer position in the usual manner as soon as possible. The minutes record the motion by Jeffrey Wakeman, seconded by Mark Blake, carried 4-0.passed
• 26:16
  Allow the Fire and Rescue Explorers post to ask the RSU 5 board for permission to provide food concessions at the school. The minutes record the motion by Michael Stewart, seconded by Mark Blake, carried 4-0.passed
• 31:37
  Allow Engine 22 to be parked outside on town meeting day so residents can see the apparatus they are voting on, weather permitting. Agreed in discussion; no formal vote was taken.passed
• 36:40
  Send both Calvin Beaumier and Ron to the five-day public works course at a total of $700 for the two of them. Agreed in discussion; no formal vote was taken.passed
• 41:49
  Pay public works staff, and office staff on the same basis, for the four hours of the Memorial Day parade rather than offering compensatory time off, with attendance not mandatory. Agreed in discussion; no formal vote was taken.passed
• 41:49
  Hold the 16 March session at the Eureka Center as a general town meeting information night covering solid waste, roads and other questions rather than a fire department session only, and do not invite the solid waste company, who will be at town meeting. Agreed in discussion; no formal vote was taken.passed

An outcome reads "unclear" where the recording does not state it plainly. The recogniser drops short words, and "the motion does not carry" is one missing word from its opposite.

Motions the minutes record

The town's own written account of what was decided, taken from select_board_minutes_3-7-20171.txt. It owes nothing to the recording or to a model: the clerk typed it, with the vote. Where the summary above claims a decision this list does not carry, the summary is the part to doubt.

• the Joint Boards into Executive Session pursuant to Title #1, M.R.S.A., ss. 405 (6)(A) – Personnel – Personnel Matters: Chairman Wakeman Announced the Joint Boards came out of Executive Session. ACTION TAKEN: Call to Ord…

  Moved by Jeffrey Wakeman, no seconder recorded; no outcome recorded

• Approve the Consent Agenda as presentedcarried 4-0

  Moved by Sarah Hall, seconded by Mark Blake

• Accept the Professional Service Contract between GPCOG and the Town of Durham contingent on the Approval of necessary funds at the 2017 Annual Town meetingcarried 4-0

  Moved by Sarah Hall, seconded by Mark Blake

• have AA/TA Glaeser post this job position in the usual manner as soon as possiblecarried 4-0

  Moved by Jeffrey Wakeman, seconded by Mark Blake

• Allow the Fire and Rescue Explorer's post to ask the RSU#5 Board for permission to provide food concessions at the 2017 Annual Town Meetingcarried 4-0

  Moved by Michael Stewart, seconded by Mark Blake

• the Board into Executive Session pursuant to Title #1, M.R.S.A., ss. 405(6)(A) – Personnel – Personnel Matters preceded by a brief recess at 7:25 p.mcarried 4-0

  Moved by Jeffrey Wakeman, seconded by Mark Blake

• Adjourn at 8:26 p.mcarried 4-0

  Moved by Mark Blake, seconded by Michael Stewart

Worth knowing

• 5:24
  The lot at 257 Pinkham Brook Road was created in 1973, six months after Durham enacted townwide zoning requiring 40,000 square feet and 200 feet of frontage. Town records still show one acre there, so the buyer's title search did not reveal it; he has since spent about $80,000 on the house and cannot get a variance.
• 5:24
  The remedy suggested to him is for the town to file a lawsuit against him so his attorney can consent to a settlement. A board member said plainly that this is a circumvention of the process, but that if it is the only way that works the town would do it.
• 15:36
  Durham had no code enforcement officer, with the road commissioner covering the work and the board agreeing the arrangement was not sustainable. The options discussed were borrowing Bowdoin's officer, who is not MUBEC certified, or sharing Lisbon's, which would have meant residents filing permit applications in Lisbon.
• 15:36
  The comprehensive plan contract with GPCOG runs two years to 3 April 2019 and was described as a $15,000 commitment, signed only if town meeting funds it. The target is a plan approved at the 2019 town meeting, with sections sent to the state reviewer as the work goes so it does not stall after town approval as the last one did.

Motion language found in the transcript

Located by pattern matching, with no model involved: "I move that", "I'll second", "all those in favour". This is an independent check on the summary above: 3 passages of motion language, against 12 decisions summarised.

Elsewhere

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